General Permits (4305)

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CERTIFICATION OF EXEMPTION p
FROM REQUIRING A CAMA PERMIT
as authorized by the State of North Carolina,
Department of Environment, Health, and Natural Resources and the Coastal Resources Commission
in an area of environmental concern parsmant-to 15-NGAC-6rrbchapter 7K .-02 3-- kQ & ",5 ?- y99-,3ad3
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Applicant Name
Address. 0 -
City 40
Type and Dimensions of Pro
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The proposed project to be located and constructed as described
above is hereby certified as exempt from the CAMA permit re-
quirement This exemption to
CAMA permit requirements does not alleviate the necessity of
your obtaining any other State, Federal, or Local authorization.
Phone Number 27- NO/- YVS
This certification of exemption from requiring a CAMA permit is
valid for90-days from the date of issuance. Following expiration,
a re-examination of the project and project site may be necessary
to continue this certification.
I SKETCH :' r'�r` f,•"` + (SCALE:
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Any person who proceeds with a development without the con-
sent of a CAMA official under the mistaken assumption that the
development is exempted, will be in violation of the CAMA if there
is a subsequent determination that a permit was required for the
development.
The applicant certifies by signing this exemption that (1) the ap-
plicant has read and will abide by the conditions of this exemp-
tion, and (2) a written statement has been obtained from adjacent
landowners certifying that they have no objections to the
proposed work.
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Applicant's sigmatule,
CAMAtal's ignature
Iss0ing date
Expiration date
Attachfnent-1-5-NorttyGarofrna-Admfnfs'tratiV C Fdbc 7K-0203

MICHAEL F. EASLEY
ATTORNEY GENERAL
State of North Carolina
Department of Justice
P. O. BOX 629
RALEIGH
27602-0629
December 30, 1996
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REPLY TO: Robin W. Smith
Environmental Division
Tel. [phone]
Fas.[phone]
Ms. Susan C. Buechele CERTIFIED MAIL
26 Buck Jones Road RETURN RECEIPT REQUESTED
Raleigh, N.C. 27606
Re: Final Order on CAMA Hearing Request
Dear Ms. Buechele:
Enclosed please find the final order, signed by the Chairman of the Coastal Resources
Commission, denying your request for a contested case hearing. You may appeal the Chairman's
decision by filing a petition for judicial review in the superior court within thirty (30) days of
your receipt of the order. A copy of any judicial review petition must be served on the
Commission's agent for service of process at the following address:
Mr. Richard Whisnant
General Counsel
Dept. of Environment, Health and Natural Resources
P.O. Box 27687 +
Raleigh, N.C. 27611
As indicated in earlier correspondence, Mr. Gagnon's CAMA permit is no longer
suspended under G.S. 113A-121.1 and he may begin construction immediately.
An Equal Opportunity / Affirmative Action Employer ���

Susan Buechele
December 30, 1996
Page 2
Please call if you have any questions.
Very Truly Yours,
c
Robin W. Smith
Assistant Attorney General
cc: Yvon Phil Gagnon
Charles Jones
Amy Gillespie

STATE OF NORTH CAROLINA
COUNTY OF CARTERET
IN THE MATTER OF: )
REQUEST FOR CONTESTED )
CASE HEARING BY )
SUSAN C.BUECHELE )
BEFORE THE CHAIRMAN
COASTAL RESOURCES COMMISSION
96 CMT 19
FINAL ORDFR
This matter came on before the Chairman of the Coastal Resources Commission as a
request for a contested case hearing pursuant to N.C.G.S. § 113A-121.1 and 15A 7J.0301. Susan
C. Buechele (hereinafter "Petitioner") filed a Third Party Hearing Request pursuant to N.C.G.S. §
113A-121.1 seeking permission to file a Contested Case Petition to challenge the issuance of
CAMA General Permit No. 016905-C, issued to Mr. Yvon Phil Gagnon for construction of a pier
adjacent to his property in Emerald Isle, Carteret County, North Carolina.
Upon consideration of the petition for contested case hearing and the recommendation of
the Division of Coastal Management, Department of Environment, Health and Natural
Resources, the Chairman makes the following:
FINDINGS OF FACT
1. The permittee, Mr. Yvon Phil Gagnon, owns property adjacent to Bogue Sound at
606 Emerald Drive, Emerald Isle, North Carolina.
2. On October 16, 1996, DCM issued CAMA General Permit No. 016905-C to Mr.
Gagnon, authorizing construction of a pier from his property into the waters of Bogue Sound.
The permit authorized construction of a pier four feet wide and 100 feet long, including a ten foot
by 12 foot T-head.
3. Petitioner's property adjoins the western boundary of the Gagnon property.

• 2
4. The survey submitted with Mr. Gagnon's permit application indicates that the base
of the proposed pier will be located 32 feet away from the property's western boundary (the
boundary shared with Petitioner's property).
S. Petitioner has not submitted a conflicting survey or alleged that the survey
submitted by Mr. Gagnon is inaccurate.
6. Petitioner has alleged that the proposed pier will encroach on an area to which
Petitioner claims title by adverse possession based on use by Petitioner's family for a period of
more than twenty-one years.
Based on the foregoing Findings of Fact, the undersigned makes the following:
C'ONC'LUSIONS OF LAW
1. For purposes of N.C.G.S. § 113A-121.1(b), Petitioner is directly affected by the
permit decision in that Petitioner owns real property immediately adjacent to the project site.
2. Petitioner's hearing request does not specifically allege a violation of any coastal
management statute or rule.
3. Petitioner failed to allege facts or make legal arguments demonstrating that the request
for the hearing is not frivolous within the meaning of the statute in that the sole issue raised in
Petitioner's hearing request is Petitioner's claim, by adverse possession, to a portion of the
Gagnon property. The determination of title to real property is outside the quasi-judicial
jurisdiction of the Coastal Resources Commission and therefore may not be the basis for a
contested case hearing under CAMA.
Therefore, Petitioner's request for a contested case hearing is hereby DENIED.

This the L d y of December, 1996.
Euge e B. Tomlinson, Jr., Chairman
Coastal Resources Commission